Ita/39/2021 Of Wipro Limited v. Assistant Commissioner Of Income Tax

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF AUGUST, 2021 PRESENT THE HON’BLE MR. JUSTICE ALOK ARADHE AND THE HON’BLE MR. JUSTICE HEMANT CHANDANGOUDAR ITA NO. 39 OF 2021 BETWEEN: WIPRO LIMITED 76P AND 80P, DODDAKANNELLI, SARJAPUR ROAD, BENGALURU - 560035, REPRESENTED HEREIN BY ITS VICE PRESIDENT CORPORATE TAX MR BALASUBRAMANIAN K, PAN AAACWO387R. ... APPELLANT (BY SRI CHYTHANYA K.K, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 7(1)(2), BANGALORE, BMTC BUILDING, 2ND FLOOR, KORAMANGALA 80 FEET ROAD, BENGALURU - 560095. 2. PRINCIPAL COMMISSIONER OF INCOME TAX, BENGALURU BMTC BUILDING, 6TH BLOCK, KORAMANGALA, BENGALURU - 560095. ... RESPONDENTS (BY SRI E I SANMATHI, ADVOCATE) THIS ITA IS FILED UNDER SECTION 260-A OF INCOME TAX ACT 1961, ARISING OUT OF ORDER DATED 05/10/2020 PASSED IN IT(TP)A NO.609/BANG/2016, FOR THE ASSESSMENT YEAR 2011-2012 PRAYING TO: A) FORMULATE THE SUBSTANTIAL QUESTION OF LAW STATED ABOVE. B) ALLOW THE APPEAL AND SET-ASIDE, TO THE EXTENT QUESTIONED HEREIN THE IMPUGNED ORDER DATED: 05/10/2020 PASSED BY THE INCOME TAX APPELLATE TRIBUNAL, 'C' BENCH, BENGALURU IN IT(TP)A NO. NO.609/BANG/2016 (ANNEXURE-C), ASSESSMENT YEAR 2011-2012 AND ETC., THIS ITA COMING ON FOR ADMISSION, THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING: JUDGMENT Mr. Chythanya K.K., learned counsel for the assessee. Mr. E.I.Sanmathi learned counsel for the revenue. This appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act for short) has been filed by the assessee against the order dated 5.10.2020 passed by the Income Tax Appellate Tribunal. The subject matter of the appeal pertains to the Assessment year 2011- 2012. The appeal is admitted to consider the following substantial question of law: "1. Whether on the facts and circumstances of the case and on the grounds raised, the Tribunal was justified in holding that other income of the eligible undertakings of the Appellant is to be excluded while computing the deduction allowable under Section 80-IC of the Act despite this Hon'ble Court holding that other income is to be taken into consideration while computing the deduction allowable under the said Section 80-IC of the Act" ? 2. When the matter was taken up today, the learned counsel for the assessee submitted that the aforesaid substantial question of law involved in this appeal has already been answered in favour of the assessee by this Court vide judgment dated 9.12.2020 passed in ITA No.191/2017. 3. The aforesaid submission could not be disputed by the learned counsel for the revenue. 4. For the reasons assigned in the afore-mentioned judgment dated 9.12.2020 passed in ITA No.191/2017, the order dated 5.10.2020 passed by the Income Tax Appellate Tribunal for the assessment year 2011-2012 is hereby quashed. In the result, appeal is allowed. Sd/-JUDGE Sd/- JUDGE HR